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WOkay, So my father bought an underconstruction property from a builder back in 2019, and for that , I took a home loan, (sbi) on joint name of mom and dad so the agreement to sell and allotment letter of my 3+1 bhk(XG001) was submitted in the bank.
Dome time in 2021, they gave me an offer to upgrade the flat from 3 bhk to 4bhk, ( ZG003)and the new unit was allocated a new agreement to sell, and allotment were made. but these documents remained in the custody of builders and never gave it to me for my signature(i have soft copy in which builder has signed and stamped) although they did ask us to come and sign it but my father health got so deteriorated and he got bed ridden but we did visit them in 2022 and afterwards but they never mentioned the agreement and kept asking for payments also did not submit the new agreement in the bank or any intimation.
Now yesterday (27th march 2025)i did all the payment for 4bhk and asked for possesion as my last payment was due and they have sent me a offer of possesion but after making the payment they cited that we can’t give you the possesion as you have not signed the agreement to sell and when i said i will sign it they said the loan for 3+1 bhk needs to be closed first and new loan shall be started for the 4 bhk then only the the things will be in motion what advice would you give me. and also i asked for the agreement for the 4bhk which they made back in 2021 For which they refused Also they insisted that i get a new loan for the 4bhk in some small bank they gave example of bank of maharashtra bank of baroda cleary avoiding sbi.
Old agreement to sell and allotment is still with bank and in reality they have sold that property to some one else.
I also met the sbi manager where the loan is ongoing he asked me to not discuss anything about a new loan until they give you the agreement and allotment.My QUESTIONS:
1. How much of a fault am I in this because the builder is making me look like the villain.
2. Is there a way to shift the old loan to the new flat without getting a new one because it will cost me more.
Also the loan was of about 25 lacs and 22 lacs were sanctioned to the builder even before the upgrade happened and 3 lacs were to be released to me at registry.
Actually I’m a engineering student and I had to get involved into this due to my father’s heath anyhelp would be appreciated.
Documents I have :
1. OLD 3BHK AGREEMENT COPY (BANK SAID WILL SEND ME A COPY)
2. NEW 4BHK AGREEMENT TO SELL AND ALLOTMENT COPY BUT W/O MY SIGNATURE
3. COMPLETE LEDGER ACCOUNT OF FULL PAYMENT
4. OFFER OF POSSESION THEY SENT ASKING FOR LAST PAYMENT.
5. APPLICATION FORM FOR UPGRADE FROM 3+1 BHK TO 4BHK
Kindly also tell me any new documents i need to procure. And also the bank said the builder is in a pickle now as he sold you a property without informing them and getting loan on the old one which they possibly sold to someone else. -
QNow you can file an FIR against the builder for fraud for selling your flat after receiving full payment from you to someone else(you can say he took more money from you to construct another room in the same flat and demand he hand over the flat to you and refund excess payment back since you have not signed any agreement for the new flat why show you were aware
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